A.R.S. § 13-3405: Possession, Use, Production, Sale or Transportation of Marijuana

Federal, state, tribal, and local agencies participate in the efforts to combat drug trafficking and transportation in Arizona. These agencies receive special funding through a national program entitled HIDTA.

What is HIDTA?

The High Intensity Drug Trafficking Areas (HIDTA) program was established by Congress in the Anti-Drug Abuse Act in 1988. This program provides assistance and funding to 33 areas of the United States that are deemed areas of high volume of drug trafficking. Arizona is recognized as its own high intensity drug trafficking area and 9 of the 15 Arizona counties receive funding for their anti-drug trafficking efforts. These Arizona counties are: Cochise, La Paz, Maricopa, Mohave, Navajo, Pima, Pinal, Santa Cruz, and Yuma.

La Paz County Task Force

The La Paz County Task Force is the HIDTA initiative in the La Paz area. The department states: “It is the mission Statement of the La Paz County Task Force to provide a specialized investigative support service to Law Enforcement Agencies within La Paz County, where illegal drug investigations are the primary focus.”

The La Paz County Sherriff’s Office, Parker Police Department, Quartzite Police Department, and the La Paz County Attorney’s Office work as local agencies on the task force. Also, the Colorado River Indian Tribes Police Department, US Border Patrol, and the Arizona Department of Public Safety are federal agencies that assist in the La Paz County Task Force. This task force will use undercover detectives, confidential informants, and anonymous tips to discover drug dealers. La Paz County, alongside Mohave and Yuma counties, border California and will be the areas principally responsible for drug activity and transportation coming to and from California. La Paz works generally with any travel along the I-10 and will work with surrounding the surrounding counties to tip off any potential drug transporters.

In one case, the individual would fly to California then drive the load of marijuana to Phoenix, Arizona. These vehicles would have most likely gone through La Paz County. Local official have the responsibility to be extra vigilant and pass on information to surrounding agencies should anything suspicious arise and they cannot investigate or make a traffic stop. Another instance that occurred in Mohave County resulted in the seizure of more than $4 million worth of drugs that included marijuana and THC. Counties and separate law enforcement agencies had to work together to pass on information that led to the stop and arrest of the driver.

There are many different ways police officers can arrest someone for transportation of marijuana. Police officers know what to look for and will identify any possible signs that a driver has drugs in the vehicle. Officers will look at the attitude of the driver, conduct of any passengers, whether the vehicle is a rental or has out of state plates, or any other questionable factors. In the article listed above, the police report indicated that the driver “allegedly would not make eye contact with the deputies and appeared extremely nervous.”

Once an officer has suspicion, he will most likely follow the vehicle until he observes any traffic violation to perform a traffic stop. Even the smallest violations, such as improper license plate display, speeding, not using a signal to change lanes, or lack of seatbelt can result in the officer pulling the driver over. Once pulled over, the officer knows what to look for and will start building probable cause to arrest the driver for transportation of marijuana. Whether it is challenging the reason for the stop, any of the evidence obtained, or how the evidence was obtained, a dedicated attorney will be attentive to these details.

Unlawful Possession of Marijuana

It is important to understand the law surrounding marijuana and the difference between possession, sale, and transportation. If an individual does not have a medical marijuana card, the person will be criminally prosecuted for unlawfully possessing marijuana. Unlawful possession of marijuana is governed by A.R.S. § 13-3405, This statute lists what different types of marijuana possession and transportation is punished and the felony classification for each charge:

A. A person shall not knowingly:

1. Possess or use marijuana, a class 6 felony if less than two pounds, a class 5 felony if between 2-4 pounds, and a class 4 felony if more than 4 pounds.
2. Possess marijuana for sale, a class 4 felony if less than two pounds, a class 3 felony if between 2-4 pounds, and a class 2 felony if more than 4 pounds.
3. Produce marijuana, a class 5 felony if less than two pounds, a class 4 felony if between 2-4 pounds, and a class 3 felony if more than 4 pounds.
4. Transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer marijuana, a class 3 felony if less than two pounds, and a class 2 felony if more than 2 pounds.

The judge will give jury instructions at trial to help them decide on the guilt of an individual. For possession, the judge will state, “the crime of possession or use of marijuana requires proof that: (1) the defendant knowingly possessed or used marijuana; and (2) the substance was in fact marijuana. This possession does not have to be physical but can be constructive as well that can be shown by constructive evidence. The State will most likely use evidence at trial such as the location of the marijuana in relation to the person and any admissions the person makes during questioning and interviews.

Possession vs. Sale or Trafficking

Unbeknownst to most, you can be charged as a drug dealer or trafficker without ever making or intending to sell or traffic the drugs. Listed in A.R.S. § 13-3401 (36), every drug has a certain quantity amount—its threshold amount—that if met or exceeded, creates a presumption of sale. In layman’s terms, this means that if you possess a defined weight or monetary amount of that defined drug, then the state presumes that you intended to sell or traffic the drug rather than personally use it. For marijuana, the presumptive amount is 2 pounds. If an individual is carrying 2 pounds or more of marijuana, it is presumed that the person possessing the marijuana for sale. This presumption means that the state no longer carries the burden of proving you intended to sell or traffic the drug in your possession. Instead, it is up to you to show that your intentions with the drug were something entirely different. This presents a tremendous problem for defendants and results in harsh consequences that are far greater than a regular drug possession charge.

If additional factors are present, an individual can be charged with transportation of marijuana for sale. If the presumptive amount of 2 pounds is found and the individual is traveling from out of state or on highways used primarily for interstate travel, the State will most likely prosecute for transportation of marijuana. The driver does not need specific intent to transport marijuana or a definite starting point and ending destination to be found guilty and the State does not need to establish great distance or change in locality. Because law enforcement agencies know the roadways most used for marijuana transportation, any sizeable amount found in the vehicle of a traveler on these roadways will result in a transportation of marijuana charge.

Let Us Help

Marijuana transportation can result in a very serious felony offense that can carry a sentence of incarceration. Fighting a marijuana possession, sale, or transportation charge requires a team of highly experienced and knowledgeable lawyers to ensure you receive the best result possible. Let Yuma Criminal Lawyer’s criminal lawyers and their knowledge of Arizona’s marijuana laws guide you through the process. The legal battle ahead will be led by strong representation and diligence.